So opines Ken Paxton, and we all know what an unimpeachable source he is.
Texas Attorney General Ken Paxton advised Friday that local Texas governments’ attempts to delay evictions for renters grappling with the COVID-19 recession amounted to rewriting state law — something they can’t do, he said in nonbinding legal guidance.
“While local officials do possess certain emergency powers … statewide eviction procedures far exceed the requirement that those powers be exercised ‘on an appropriate local scale,’” Paxton said in a letter. “Government Code does not authorize local governmental entities operating under a declared disaster to independently rewrite state law as it applies to their jurisdiction to prohibit, delay, or restrict the issuance of a notice to vacate.”
Paxton’s letter, issued in response to a question from Republican state Sen. Brandon Creighton of Conroe, seems to chide local officials like Austin Mayor Steve Adler, who last month extended the eviction moratorium in the city until Sept. 30. Travis County Judge Sam Biscoe extended his ban until the same date. In other counties, like Harris and Dallas, some justices of the peace have decided to not hear evictions. It is unclear if Paxton’s opinion will influence those judges.
Adler said in a statement that his orders were lawful and “do not amend statewide eviction procedures,” but rather aim to “reduce person-to-person contact to slow the spread of COVID-19.”
Hector Nieto, a spokesperson for Travis County, said officials there are reviewing the opinion.
Paxton’s opinion could have weight if someone were to sue a local government over its eviction moratorium.
“I can’t say I’m shocked that the state attorney general would side with landlords. Nothing he has done to date shows us that we could expect something different,” said Sandy Rollins, executive director of the housing advocacy group Texas Tenants Union. “A lot of tenants are facing eviction in Texas by zero fault of their own, and putting protections that are normal in almost every other state should be allowed in this pandemic.”
As we know, AG opinions don’t carry the force of law, but they are an obstacle. As with other contentious matters on which Paxton has opined, someone will have to take this to court to force the issue. Of course, this is also something the Legislature can review and revise, and I’d say it needs to be on the ever-increasing list of things the Lege very much needs to do at its first opportunity. On a side note, this adds some context to the city of Houston’s rental assistance program, which has been offered instead of an eviction moratorium order, which a number of people advocated for. A moratorium would certainly have been a more comprehensive tool to keep people who have been affected by the pandemic and the economic devastation that resulted from it in their homes, but not if it could not be enforced. Whatever you think of Mayor Turner’s approach, it was not affected by this action.